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Driving Motor Vehicle With Unsealed Container of Liquor.Help
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PostPosted: Mon Apr 06, 2015 12:25 pm 
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Joined: Mon Apr 06, 2015 12:08 pm
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Jurisdiction (charge): Driving a motor vehicle with unsealed container of liquor under S.32 (1) of the Liquor Licence Act in the Provincial Offences of Ontario

I realize this is a LLA Offence but I was originally pulled over for broken taillight.

How could I defend myself in court for this offence.

I can give the facts of the case (Identical to officer notes)
Facts of the case:
-Officer on patrol
-Noticed a car with broken taillight and pulls it over
-Approaches vehicle on driver's side
-Notifies driver of taillight that is out
-Driver proceeds to attempt to exit the vehicle and officer notices what he suspects to be a bottle of rum on the floor
-Officer proceeds to inquire to the driver about what the bottle was
-The driver claimed that he "did not know"
-Upon further inspection officer confirmed that the bottle contained rum and confiscated it
-He also notified the driver that unsealed liquor was not to be in the vehicle when in motion is an offence
-Driver explained that he did not know that the alcohol was there due to the fact that it was his wife's car
-Driver provided a valid driver's licence without the officer's request
-Driver was identified as Blank Blank
-Officer notified Blank that he would issue him a PON
-Officer then fills out the PON and proceeded to hand it over to Blank
-Blank is officially charged with driving a motor vehicle with unsealed container of liquor under S.32 (1) of the Liquor Licence Act

Further Information It was my wife's car I had no knowledge that the bottle was on the passenger side floor.
Also I was issued a ticket but the paper they give for you to fill out whether you want to go to court or pay the fine was ripped basically in half.

Does anyone know what type of defense I could make in court to reduce or remove the charge.

Edited by Moderator to remove officer's name, and information that may identify the driver


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